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November 28, 2009

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Editorial: Antitrust trial aided by mediation efforts

Wednesday, Nov. 24, 1999 | 9:32 a.m.

More than two weeks ago U.S. District Court Judge Thomas Penfield Jackson issued a blistering finding that Microsoft was a bullying monopolist. While this wasn't a final verdict, the judge's initial determination in the government's antitrust case against the software giant prompted speculation that the next move for Jackson would be handing down a sweeping remedy, maybe even a breakup of the company. So it came as a surprise last week when Jackson appointed a mediator, prodding both sides to reach an out-of-court settlement instead.

Jackson's choice of a mediator also was interesting: Richard Posner, the chief judge for the 7th U.S. Circuit Court of Appeals in Chicago. Although Jackson issued a harsh ruling against Microsoft, legal analysts noted that the mediator Jackson selected is conservative and a jurist reluctant to split up companies in antitrust cases.

Courtrooms often aren't the best forums to resolve contentious issues, especially those that could have far-reaching impacts on the economy. So it is encouraging that Jackson is seeking mediation. The key is to find a remedy that adheres to the firmly grounded principles of antitrust law that protects consumers, yet doesn't stifle a company's innovation.

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